Chorak v. Union Pacific Railroad Company

Filing 61

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Trial Preparation Conference held on 1/21/2016. Denying 46 Motion in Limine. Denying without prejudice 47 Motion in Limine. Denying 48 Motion in Limine. Plaintiff shall submit a proposed order for the issuance of subpoenas and trial subpoenas for Dr. Elaine Quintana and Denise Murphy not later than Thursday, January 21, 2016. Counsel shall submit an agreed upon joint statement of the case jury instruction not later than Wednesday, January 27, 2016. Counsel shall file revised jury instructions not later than Wednesday, January 27, 2016. Counsel shall file revised witness and exhibit lists not later than Wednesday, January 27, 2016. Court Reporter: Mary George. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: January 21, 2016

Civil Action No: 13-cv-02438-WYD-CBS

Counsel:

JEFFREY CHORAK,

Donald F. D’Antuono

Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, a
foreign corporation,

Torriano N. Garland
Alice de Stigter

Defendant.

COURTROOM MINUTES

TRIAL PREPARATION CONFERENCE
11:02 a.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.

11:04 a.m.

Discussion regarding whether this trial will go as scheduled and problems serving
subpoenas upon Dr. Elaine Quintana and Denise Murphy to testify at trial.

ORDERED:

Plaintiff shall submit a proposed order for the issuance of subpoenas and trial
subpoenas for Dr. Elaine Quintana and Denise Murphy not later than Thursday,
January 21, 2016.

11:12 a.m.

Discussion regarding witness lists, exhibit lists, and jury instructions.

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ORDERED:

Counsel shall submit an agreed upon joint statement of the case jury instruction
not later than Wednesday, January 27, 2016.

ORDERED:

Counsel shall file revised jury instructions not later than Wednesday, January
27, 2016.

ORDERED:

Counsel shall file revised witness and exhibit lists not later than Wednesday,
January 27, 2016.

11:17 a.m.

Discussion regarding time limits for opening statements.

ORDERED:

Opening statements shall not exceed twenty (20) OR thirty (30) minutes per
side.

11:18 a.m.

Court outlines protocol for voir dire and jury selection process.
Defendant’s Motion in Limine Number One Regarding Improper Inspection of the
Crossing [ECF Doc. No. 46], filed December 22, 2015, is raised for argument.

11:21 a.m.

Argument by Defendant (Mr. Garland).

11:31 a.m.

Argument by Plaintiff (Mr. D’Antuono).

ORDERED:

Defendant’s Motion in Limine Number One Regarding Improper Inspection of the
Crossing [ECF Doc. No. 46], filed December 22, 2015, is DENIED.
Defendant’s Motion in Limine Number Two to Exclude Any Evidence of Prior
Complaints or Accidents [ECF Doc. No. 47], filed December 22, 2015, is raised
for argument.

11:38 a.m.

Argument by Plaintiff (Mr. D'Antuono).

11:40 a.m.

Argument by Defendant (Mr. Garland).

11:40 a.m.

Argument by Plaintiff (Mr. D’Antuono).

ORDERED:

Defendant’s Motion in Limine Number Two to Exclude Any Evidence of Prior
Complaints or Accidents [ECF Doc. No. 47], filed December 22, 2015, is DENIED
WITHOUT PREJUDICE.
Defendant’s Motion in Limine Number Three Regarding past and Future Medical
Expenses [ECF Doc. No. 48], filed December 22, 2015, is raised for argument.

11:42 a.m.

Argument by Defendant (Mr. Garland).
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11:43 a.m.

Argument by Plaintiff (Mr. D’Antuono).

ORDERED:

Defendant's Motion in Limine Number Three Regarding past and Future Medical
Expenses [ECF Doc. No. 48], filed December 22, 2015, is DENIED.

11:44 a.m.

Discussion regarding other preliminary issues.

11:48 a.m.

Court in Recess - HEARING CONCLUDED

TOTAL TIME: :46

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